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Crane maker NQCranes agrees to $1M penalty in ACCC’s cartel case
ACCC 2022-10-26 11:36 am By Cindy Cameronne Sydney

Queensland crane company NQCranes has agreed to pay a $1 million penalty in the Australian Competition and Consumer Commission’s case alleging it engaged in a conspiracy with a multinational rival to divide the Brisbane and Newcastle markets.

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Bayer needs ‘thoughts and prayers’ to make out privilege claim in class action, court told
Associate Justice Patricia Matthews 2022-10-25 11:05 pm By Cindy Cameronne Sydney

A class action against Bayer over its allegedly defective Essure contraceptive devices has admonished the drug manufacturer’s bid to shield emails considered privileged in similar US litigation, arguing “thoughts and prayers” are needed to sustain the claim.

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$27M penalty for ‘extensive and systematic’ failures by CBA units
Ben Hancock 2022-10-25 11:03 pm By Sam Matthews Melbourne

Commonwealth Bank units CommSec and Australian Investments Exchange have been ordered to pay more than $27 million for “serious and unacceptable” system failures that led to excessive fee charges for customers.

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Facebook flags potential conflict of interest in cryptocurrency ad class action
Class Actions 2022-10-25 2:45 pm By Sam Matthews Melbourne

Facebook owner Meta wants to uncover the basis on which crypto tokens have been issued to bankroll a class action over its 2018 ban on cryptocurrency ads, citing the potentially conflicted interests of the self-represented lead applicant.

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Judge who represented Sydney Trains won’t recuse herself from fight with union
Ashurst 2022-10-24 11:41 pm By Cindy Cameronne Sydney

A judge has rejected a bid by the Australian rail union to recuse herself from hearing its case against Sydney Trains that seeks approval to deactivate Opal readers amid protracted industrial action, despite having represented the rail operator when she was a barrister last year. 

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Law firm can’t amend defence in negligence case by teacher wrongly jailed for abuse
Colin Biggers & Paisley 2022-10-24 4:29 pm By Sam Matthews Melbourne

A law firm, who along with Piper Alderman and one other firm, is being sued for negligence by a schoolteacher wrongly jailed for the indecent assault of two children has lost a bit to amend its defence at the commencement of the trial.

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Judge wants delayed Sydney light rail class action finished by year’s end
Adam Hochroth 2022-10-24 1:07 pm By Cindy Cameronne Sydney

A class action trial over Sydney’s $3 billion light rail has been pushed off to next month after the applicant’s eleventh-hour amendments, but a judge has warned the parties they should wrap up the case by the end of the year..

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Class action against NAB over Walton collapse can’t add insolvent trading claim
Allens 2022-10-24 12:18 pm By Sam Matthews Melbourne

A judge has rejected a bid to add an insolvent trading claim to a $78 million class action over the collapse of Walton Construction, citing “extraordinary” delays in the three-year-old case.

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High Court rejects Worley’s plea to weigh in on disclosure test in shareholder class actions
Alexander Edwards 2022-10-21 11:32 pm By Christine Caulfield

In a boost to shareholder class actions, the High Court has dismissed an application by engineering services firm Worley to appeal a finding that companies should disclose to the market forecasts that ought reasonably to have been held.

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Judge frowns on workers’ bid to shut down Opal in Sydney trains dispute
Ashurst 2022-10-21 4:22 pm By Cindy Cameronne Sydney

A judge has raised concerns about a bid by the rail workers union for a judicial “green light” to deactivate ticket readers as part of a protracted industrial action in Sydney, saying the court should not be used as an “adviser”.

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